(1) Whether it is a Due Process violation for a court of original jurisdiction to refuse to consider, or to reject without sufficient analysis, substantial constitutional defenses, while nevertheless finding the judge guilty of violating those ethical rules;

(2) Whether the Oregon Supreme Court, and certain Oregon ethical rules, violated the Free Exercise and Free Speech clauses of the First Amendment when he declined, on the basis of his sincerely-held religious beliefs, to perform the non-mandatory judicial function of solemnizing same-sex marriages;

(3) Whether certain Oregon ethical rules are unconstitutional under the Free Speech clause of the First Amendment for prohibiting protected speech and chilling protected speech by vagueness;

(4) Whether the Commission and the Oregon Supreme Court violated the Procedural Due Process protection of the Fourteenth Amendment when they refused to order a deposition of a key witness, used telephone testimony to determine the demeanor of a key witness, excluded impeachment evidence, and required Judge Day to submit the opening brief to a court of original jurisdiction when the Commission had the burden of proof and the duty to go forward with the evidence.

Whether it is a Due Process violation for a court of original jurisdiction to refuse to consider, or to reject without sufficient analysis, substantial constitutional defenses, while nevertheless finding the judge guilty of violating those ethical rules